METROBUTLER USER AGREEMENT
LAST UPDATED June 13, 2016
The terms and conditions stated herein (collectively, this "Agreement" or these “Terms”) constitute a legal agreement between you and MetroButler, Inc. (including, its officers, directors, agents, investors, contractors, shareholders, subsidiaries, affiliates, and employees (collectively, “MetroButler” “We” “we” “Our” “our” “Us” “us”)), a New York corporation. By using or accepting any services supplied to you by MetroButler or arising out of or in connection with your use of the website located at www.MetroButler.com, its directories, subdirectories, mobile or app versions, or corollaries thereof (collectively, the “Site”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement.
You hereby agree that any notifications provided to any email address you have provided to MetroButler are understood by all parties as having been received, read, acknowledged, understood, and accepted by you, unless you explicitly terminate your relationship with MetroButler, in writing, following any such amendment or addition, prior to accepting or receiving any further services from MetroButler.
If at any point you do not agree to this Agreement, in whole or in part, you must cease all use of the Site, you must notify MetroButler immediately of your disagreement(s) at [email protected], and you must cease receipt or acceptance of any and all services provided by MetroButler, directly or indirectly for your benefit. Your continued use of the Site, or your acceptance of services from MetroButler, directly or indirectly for your benefit, following any disagreement(s) you have raised regarding this Agreement constitutes your acceptance of this entire Agreement.
MetroButler provides a facilitative platform for enabling individuals or businesses (individually a “Host”) to engage in the use of one or more short-term rental platforms for the purpose of renting out one or more properties (each being a “Property,” with the aggregate informational content about that Property listed on a Third Party Platform (defined elsewhere in this Agreement) being a “Listing”). To that end, MetroButler may provide certain services to each Host and to any guest staying at a Host’s property (“Guest”). MetroButler provides facilitative, advisory, administrative, and supervisory services for Hosts, and may provide certain concierge services for Guests (Hosts and Guests collectively being “Users”). MetroButler provides value-added services (“Services”) to Users who have connected via a third party rental platform such as Airbnb, VRBO, HomeAway, or otherwise (individually, a “Third Party Platform”).
MetroButler does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any service or Property offered by a Host, nor does MetroButler have control over the integrity, responsibility, or any of the acts or omissions whatsoever of any User. Additionally, MetroButler does not have control over the quality, timing, or legality of services delivered by any non-employee service professional acting for, on behalf of, or at the behest of MetroButler.
MetroButler makes no representations about the suitability, reliability, legality, timeliness, or accuracy of services offered or provided by Users, whether in public, in private, in online, or in offline interactions. Although MetroButler may screen Users and service professionals (including, inter alia, handymen, plumbers, electricians, contractors, cleaning professionals, and cleaning services (“Service Professionals”)), MetroButler cannot confirm that each User or Service Professional is who he claims to be or, despite presentation of ostensible qualifications, is properly licensed, bonded, or insured.
Because MetroButler uses User-provided and Service Professional-provided information, as well as information from third parties, MetroButler cannot confirm that the information available to MetroButler is accurate or reliable. Additionally, while MetroButler may provided certain goods or Services to Users, MetroButler is under no obligation to provide such Goods or Services unless explicitly stated otherwise hereunder.
MetroButler expressly disclaims any liability that may arise between Users of its Service. In the event that you have a dispute with one or more Users, you hereby agree to release MetroButler from any and all claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and to indemnify MetroButler to the fullest extent permissible by law.
USE OF THE SITE
Registration is not required in order to access and use the Site, though not all content on the Site is available to unregistered Users. Registration may be required to access additional features on the Site. Any information that you provide in any public area of the Site will be public. MetroButler is not responsible for personally identifiable information that you may choose to share through any public channel on the Site or elsewhere.
You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We may use the information provided to us to contact you, and by registering on the Site, you agree to accept any notices, including legal notices and service of process, at the contact information you provide, that such notices or service may be sent via email unless otherwise explicitly prohibited by applicable law, and that your failure to update your contact information on the Site shall in no way prejudice MetroButler. All notices sent to you may be sent to the email address provided with your registration details (as updated by you). By accepting the terms of this Agreement, you give your consent to receive communications from us by email, and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing and delivered by personal service.
You may not have more than one registration, and we reserve the right, at our discretion, to delete or cancel the membership of any User at any time for any reason or for no reason. You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration, whether or not that other person is a User of the Site or the Services.
MetroButler provides Users, and visitors to the Site, the opportunity to sign up to receive communications, and in doing so, MetroButler may ask a User or visitor for personally identifiable information. If you provide us with personally identifiable information, you agree that MetroButler may share that information with third parties if MetroButler believes that such information sharing is appropriate or necessary for MetroButler to provide, or to effect the provision of, any service on your behalf. If your personally identifiable information changes, you hereby acknowledge that you understand, accept, and agree that you have a responsibility to notify MetroButler as soon as possible.
The Site, Services and Content are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
MetroButler may provide Services to any Guest or prospective Guest who has sent a communication to a Host or to MetroButler regarding a Host's Property or Listing on a Third Party Platform. MetroButler may assist any Guest, or potential Guest, with questions regarding a Listing or Property, may communicate with any Guest or potential Guest regarding arrival and departure, and may provide 24-hour Guest support services as MetroButler deems necessary or appropriate.
MetroButler may offer and arrange Services for Guests, such as concierge services, from MetroButler or from third-party providers. Unless explicitly stated otherwise herein, however, MetroButler's responsibilities for full-service 25% commission-based clients are limited to assisting each Host with optimizing his listing and responding to booking inquiries and requests. MetroButler may also provide Guest support services, such as check-in and check-out – whether in person, or by any means MetroButler deems appropriate, including by use of a lockbox, contractor, or otherwise – on any Property for which MetroButler is responsible at the time of check-in and check-out.
For individualized non-commission-based services such as cleanings, key drops, key collections, or any combination thereof, MetroButler acts as a facilitator and will do its best to secure a contractor on your behalf to provide cleaning or key services, though because MetroButler arranges contractors who are responsible for taking each appointment, MetroButler cannot and does not guarantee the quality, timeliness, performance, or results of those contractors. If a contractors does not arrive for a job, please contact MetroButler at [email protected] If we determine that the contractor has not arrived for a job, we will promptly refund you for that job. Contractors for key drops and key collections are expected to wait for a maximum of thirty minutes. Contractors for cleanings are expected to remain for up to the time specified on the booking on the booking page (currently metrobutler.com/newbooking). Please note that because some jobs may take time in addition to the time specified in your booking, you may sometimes want to select a higher-tiered job.
You understand and agree that (1) MetroButler is not a real estate broker, real estate agent, insurer, booking agent, or hosting platform, nor is MetroButler an owner or provider of Properties, accommodations, transportation services, or travel services; (2) MetroButler is not a party to any agreement between a Third Party Platform and a Host, any agreement between a Third Party Platform and a Guest, or any agreement between a Host and a Guest; (3) MetroButler does not control the condition, legality, or suitability of any Property; (4) MetroButler is not responsible for the compliance with any laws by you or any Third Party Platform; (5) MetroButler has no control over the conduct of Hosts, Guests, or Users of the Site or Services; and (6) MetroButler is not responsible for, and disclaims any and all liability related to, any and all Listings and Properties to the maximum extent permitted by law. MetroButler is unable to control supply and demand in rental markets and is unable to guarantee that a property will rent. MetroButler cannot and does not guarantee that a Host will generate revenue by working with MetroButler. Bookings are made at each Host's and each Guest's own risk.
From time to time, a Guest may contract for use of a Host’s Property overseen by MetroButler. MetroButler is not, and will not be, a party to any contract between Users or between any User and a Third Party Platform if MetroButler has not explicitly agreed, in advance, in writing, to be a party to that contact. MetroButler provides certain Services to facilitate rentals by Hosts to Guests and may provide certain ancillary services to both Hosts and Guests during a Guest’s stay at a Host’s Property. To facilitate such rentals, each of which is the product of a contract between a Host and a Guest (or the product of a contract between a Host and a Third Party Platform on the one hand, and a Guest and that same Third Party Platform on the other hand), MetroButler may use Third Party Platforms on behalf of its Users.
You agree that payments made through any Third Party Platform in connection with a Host’s Property may be sent directly to MetroButler, and that once MetroButler has received any such payment, MetroButler may deduct all applicable costs, fees, and commissions, and any setoff from any outstanding dues. MetroButler. Thereafter, within a reasonable time period, MetroButler will send the remaining balance to the party to whom that balance is due.
You agree that in the event that MetroButler identifies any dispute, conflict, or controversy – whether potential, perceived, threatened, or actual – that may bear on any of the funds referenced in the preceding paragraph, MetroButler may retain all, or any part of, those funds for any period that MetroButler deems necessary or appropriate until MetroButler determines, in its sole discretion, that such dispute, conflict, or controversy is resolved.
Within a reasonable period of time following the completion of a Guest’s stay at a Host’s Property, provided no complaint, issue, harm, dispute, conflict, or controversy – whether potential, perceived, threatened, or actual – has arisen in connection with the Guest’s stay at that Property, MetroButler will send the revenue from the Guest’s stay – minus applicable costs, fees, and commissions, and any setoff from any outstanding dues – to the Host using the payout information supplied to MetroButler by the Host. If the payout information is deficient in any manner that prevents MetroButler from transferring payment to the Host, the Host is solely responsible for updating that information, and MetroButler may refrain from attempting to resend payment until the Host updates that information. Additionally, if the Host supplies incorrect information, and MetroButler transfers funds using that incorrect information – whether those funds ultimately reach the Host or not – you agree that the funds will be deemed paid by MetroButler in full satisfaction of its obligations hereunder.
You agree that in the event that any complaint, issue, harm, dispute, conflict, or controversy – whether potential, perceived, threatened, or actual – has arisen during the Guest’s stay at the Host’s Property from any party, regardless of fault, MetroButler may, in its sole discretion, offer and issue the Guest a partial or complete refund on the Host’s behalf out of the revenue referenced in the preceding paragraph. Because each Host is paid from the proceeds of a Guest’s stay, the Host’s total revenue from that stay will be diminished by the amount of that refund. You agree that if any such refund is issued, in addition to any fees, costs, and expenses due MetroButler, MetroButler will be due its regular commission on all gross amounts receivable prior to the issuance of any refund, as though no refund had been issued. If, after the issuance of any refund, incoming funds to MetroButler from the Guest’s stay or proposed stay are insufficient to satisfy costs, fees, commissions, and any other amounts due MetroButler, Host hereby agrees to pay MetroButler any such amounts due within no more than three (3) business days from the earlier of the last day of the Guest’s stay or the day the Guest cancels the reservation. You agree that Host shall make any such payment to MetroButler by Visa or Mastercard with an additional 3.5% service fee payable to MetroButler on any such payment. MetroButler may, at its sole discretion, waive the three (3) business day requirement and instead deduct any amounts due from any future booking revenue as setoff, including the 3.5% service charge, but MetroButler’s failure to enforce the three (3) business day requirement shall in no way serve as a waiver of the three (3) business day requirement. Host agrees that any deductions from revenue shall be borne solely by Host and are not recoverable from MetroButler. All payments due from Host to MetroButler that are not, or may not be, deducted from past or current rental revenue held by MetroButler may be paid by Visa or Mastercard, along with a 3.5% service fee, in accordance with this paragraph. Any funds received by MetroButler arising out of or in connection with any Services MetroButler provides to a User are non-refundable except at MetroButler’s sole and absolute discretion.
MetroButler uses third-party sites for the facilitation of short-term rentals between Users. You agree that MetroButler may act on your behalf in any capacity MetroButler deems necessary or appropriate in the facilitation of rental of, advice on, administration of, and supervision of your Property, and in the provision of services relating to, or arising out of or in connection with the rental of your Property. You hereby acknowledge that you understand, accept, and agree that one or more MetroButler representatives may conduct such actions as, inter alia, creation of your online profile on one or more Third Party Platforms, management of your online account(s) on such platforms, management of your personal sensitive information, and representing to others that they are you, your authorized representative, or your point of contact. Regardless of the circumstances, you hereby agree to indemnify, defend, and hold harmless MetroButler from any liability that may arise from MetroButler’s use of Third Party Platforms, companies, vendors, or otherwise on your behalf. Your engagement of Third Party Platforms, companies, vendors, and others via MetroButler is at your own risk.
The Site may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users and others. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not: Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer or online or offline systems; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including, but not limited to, rights of privacy and publicity) of others; Use the Site or MetroButler’s materials for any purpose that is in violation of local, state, national, or international law; Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information; Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party; Advertise or offer to sell any goods or services for any commercial purpose on the Site without the MetroButler prior, express, written permission; Conduct or forward surveys, contests, pyramid schemes, or chain letters; Impersonate another person or allow any other person or entity to use your identification to post or view comments; Post the same note repeatedly (referred to as “Spamming”); Download any file posted by another User, or upload any file, you’re you know, or reasonably should know, cannot be distributed legally through the Site; Restrict or inhibit any other User from using and enjoying the Public Areas; Imply or state that any statements you make are endorsed by MetroButler, without the prior written consent of MetroButler; Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Site in any manner; Hack or interfere with the Site, its servers, or any connected networks; Adapt, alter, license, sublicense or translate any part of the Site for your own personal or commercial use; Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by MetroButler; Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals; Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent, or sexual manner. All submissions made to Public Areas will be public, and MetroButler will not be responsible for the action of any User with respect to any information or materials posted in Public Areas.
The Site may contain links to other websites that are not controlled by MetroButler. MetroButler is not responsible for the privacy practices and policies of any website other than MetroButler’s own website.
ACCOUNT, PASSWORDS, AND SECURITY
You are the sole authorized user of your MetroButler account. You are responsible for maintaining the confidentiality of any password and account information provided to you by MetroButler, or provided by you to MetroButler. You are solely and fully responsible for all activities that occur under your password or account. MetroButler expressly disclaims any liability for any harm arising out of or in connection wit the use of any User’s account, whether such use is by the account holder, or another party, and whether such use is permissive or not.
Should you suspect that any unauthorized party may be using your password or account, or should you suspect any other breach of security on the Site, you hereby agree to notify MetroButler immediately.
Host hereby grants MetroButler the right to create a password(s) on Host’s behalf for any third-party Platform that MetroButler deems appropriate. Host agrees that Host will not attempt to change that password without MetroButler’s express, prior, written consent. Host agrees to grant MetroButler full control over any Third-Party Platform account created on Host’s behalf by MetroButler or updated on Host’s behalf or for Host’s benefit by MetroButler, as well as all Third-Party platform accounts in Host’s name for the rental of Host’s Property. These rights shall survive the termination of this Agreement. We adhere to strict standards to protect personal information you have provided, yet no method of electronic storage can ever be 100% secure. Therefore, we are not in a position to guarantee the absolute security of your information under any circumstances.
NO COMMERCIAL USE OR SOLICITATION
MetroButler’s Site and Services may be used for your personal, non-commercial use only; you may not use any of MetroButler’s materials in connection with any commercial endeavors whatsoever without the express prior written consent of MetroButler. Without limitation, you may not use the Site or MetroButler’s services to solicit for any other business, website, service, advertisement, employment opportunity, contracting, or any other purpose of which MetroButler would foreseeably disapprove, without MetroButler’s express prior written permission. You may not use the Site or MetroButler’s materials or services to collect usernames and/or email addresses of members by electronic or other means without MertoButler’s express prior written consent.
"Your Information" is defined as any information and materials you provide to MetroButler or other Users in connection with your use of MetroButler’s Site or services, including, without limitation, information and materials posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to MetroButler that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent; (c) will not involve the sale of counterfeit or stolen items; (d) will not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy; (e) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (g) will not be obscene or contain child pornography or be harmful to minors; (h) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) will not create liability for MetroButler or cause MetroButler to lose, in whole or in part, the services of its ISPs or other partners or suppliers; and (j) will not be used to mislead or harm MetroButler in any way. To enable MetroButler to use Your Information, so MetroButler does not violate any rights you might have in that information, you hereby grant MetroButler a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known, throughout the universe.
BILLING AND PAYMENT POLICY
Each MetroButler Host is obligated to pay for goods and services provided by MetroButer or its affiliates for that Host’s benefit. Each Host is also obligated to pay for any services provided by third-parties that MetroButler contracts with for that Host’s benefit unless Host is explicitly notified otherwise by MetroButler, in writing. Some expenses may be refundable or reimbursable to a Host at MetroButler’s sole discretion. For all purchases, payments, and reimbursement costs, fees, or expenses associated with any service provided by MetroButler or its affiliates, Host agrees that MetroButler may deduct such costs from current or future revenue held by MetroButler in connection with the renting of Host’s Property(s) to any Guest(s) on top of any other commission(s) or fee(s) due or to come due. In the event that the revenue balance held by MetroButler is not sufficient to satisfy Host’s obligation(s) to MetroButler, Host agrees to pay MetroButler such fees within three (3) business days of transmission of notice from MetroButler to Host of Host’s financial obligation(s) to MetroButler. To that end, Host authorizes MetroButler to charge Host’s credit card for such amounts and obligations as well as an additional three-and-one-half percent service fee for any such transaction completed with a credit card. MetroButler has sole discretion over which payment method will be used. Notwithstanding the foregoing, MetroButler reserves the right to deduct such fees from future Host revenue as setoff if MetroButler deems such a method appropriate.
MetroButler retains the right, in its sole discretion, to withhold Host or Guest funds from payout for any amount of time MetroButler deems necessary or appropriate. No refunds or credits will be provided once a Guest’s or Host’s credit card has been charged. At MetroButler’s sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of any specific refund guarantee promotion, or to correct an error made by MetroButler. While MetroButler will make reasonable efforts to ensure the security of all credit card and other personal information, MetroButler expressly disclaims any liability for any damage that may result should any of your credit card information be released to any third parties, and you agree to fully indemnify and hold MetroButler harmless for any damages that may result from the improper release of your credit card information by MetroButler unless MetroButler releases your credit card information recklessly or intentionally and in bad faith. MetroButler uses third party services to process credit card information. For further information regarding those service, please email [email protected] to request information about MetroButler's credit card processing providers. You are exclusively liable for all transaction costs, taxes, and fees on Services provided under this Agreement.
EMPLOYMENT AND WITHHOLDING
MetroButler is not an employment service and does not serve as an employer of any User. Accordingly, MetroButler will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, backup withholding, social security, or payroll withholding tax in connection with your use of MetroButer’s Services. You understand and agree that if MetroButler is found to be liable for any tax, including withholding tax, in connection with your use of MetroButler’s services, then you will immediately reimburse and pay to MetroButler an equivalent amount, including any interest or penalties thereon.
TERMINATION AND SUSPENSION
Without limitation, MetroButler may terminate or suspend your right to use the Site and any of MetroButler’s Services at any time, for any reason, or for no reason. If MetroButler terminates or suspends your right to use the Site or MetroButler’s Services, you agree that you will not be entitled to any refunds, damages, or payment of any kind except any unpaid balances due to you prior to termination of your account not considered by MetroButler to be in dispute, conflict, or controversy – whether potential, perceived, threatened, or actual – all of which may be released upon satisfactory resolution, as determined by MetroButler in its sole discretion, of any such dispute, conflict, or controversy.
In addition to terminating or suspending your account, MetroButler reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies. Even after your right to use any or all of MetroButler’s Services or the Site is terminated or suspended, this Agreement will remain enforceable against you. All sections that can, by their nature, survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read on the Site, and all of MetroButler’s materials on and off the Site, belong to MetroButler or are used permissively. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. With the exception of material MetroButler uses permissively, MetroButler owns all Proprietary Material as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site or MetroButler’s materials without MetroButler’s prior express written consent. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior express written consent of MetroButler and/or the relevant rights holder. The service marks and trademarks of MetroButler, including MetroButler.com and the MetroButler logo are service marks owned by MetroButler. Any other trademarks, service marks, logos and/or trade names appearing on MetroButler’s materials are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of their respective owners. Unless otherwise expressly set forth herein, no license is granted to any User for any purpose or any use of any content that MetroButler creates or any Service MetroButler provides.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
MetroButler respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials on the Site or any of MetroButler’s materials infringe upon your copyrights, please send a letter to MetroButler DMCA Complaints, 200 E. 23rd Street, 3rd Floor, New York, NY 10010 with a detailed description of the copyrighted work that you claim has been infringed upon, including the URL or other specific location on the Site or MetroButler’s materials where the material you claim is infringed upon is located. Include enough information to allow MetroButler to locate the material, and explain why you think an infringement has taken place; a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL where it is posted or the name of the book in which it has been published; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Our designated copyright agent to receive notifications of claimed infringement is:
MetroButler DMCA Complaints
c/o Matthew Lerner
115 E. 23rd Street
New York, NY 10010
Only DMCA notices should go to the copyright agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service department at [email protected] You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may be deemed invalid.
By making available any content through the Site and Services, you hereby grant to MetroButler a universal, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit that content.
You acknowledge and agree that you are solely responsible for all content that you make available through the Site or Services. Accordingly, you represent and warrant that: (1) You either are the sole and exclusive owner of all content that you make available through the Site, or that you have all rights, licenses, consents and releases that are necessary to grant to MetroButler the rights in such content; and (2) Neither the content, nor your posting, uploading, publication, submission or transmittal of that content or any other person's use of that content, or any portion thereof, on, through, or by means of the Site will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in any violation of any applicable law or regulation.
We do not screen User content or information on the Site, and we cannot give any assurance as to the accuracy or completeness of User content. Users of the Site are expressly asked not to publish any defamatory, misleading, or offensive content, or any content that infringes upon any other persons intellectual property rights. Any such harmful content is contrary to our policy. We do not accept liability in respect of such content. Any User responsible for making such content available though the Site hereby agrees to be personally liable for any damages or other liability arising from such content and agrees to indemnify us in relation to any liability we may suffer as a result of any such content.
The Site may include links to other websites or material beyond MetroButler’s control. We are not responsible for content on any site outside the Site.
MODIFICATIONS TO THE SERVICE
MetroButler reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, any or all of its Services, or any content or information it provides, on the Site or otherwise, with or without notice. You hereby agree that MetroButler will not be liable to any party for any modification or discontinuance of MetroButler’s Services or information.
You agree that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of MetroButler, and you agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to MetroButler’s own authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify MetroButler in writing of any circumstances that arise of which you are aware that may constitute unauthorized disclosure, unauthorized transfer, or unauthorized use of Confidential Information. You agree to use best efforts to protect Confidential Information from unauthorized disclosure, unauthorized transfer, and unauthorized use. You shall return all originals and any copies of all materials containing Confidential Information to MetroButler upon termination of your relationship with MetroButler for any reason whatsoever. The term "Confidential Information" shall mean any and all of MetroButler's trade secrets, confidential information, and proprietary information, and all of MetroButler’s other information and data that is not generally known to the public. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation.
DISCLAIMER OF WARRANTIES
You agree that use of MetroButler’s materials, Site(s), and Service(s) is entirely at your own risk. All of MetroButler’s Services are provided on as “as is” basis without warranties of any kind, either express or implied, including, inter alia, warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, neither MetroButler nor its affiliates warrant that access to MetroButler’s Site, materials, or content will be uninterrupted or that its services will be error-free.
MetroButler does not make any warranty as to the results that may be obtained from the use of its Services or to the timeliness, accuracy, reliability, completeness, or content of any service, information, or material provided through, on in connection with, MetroButler’s Site or Services. Neither MetroButler nor its affiliates is responsible for the conduct, whether online or offline, of any User or any MetroButler service provider or third-party contracted by MetroButler on a Host’s behalf or on a Guest’s behalf.
Neither MetroButler nor its affiliates warrant that any of MetroButler’s electronic materials are free from viruses, worms, Trojan horses, or other harmful components. MetroButler and its affiliates cannot and do not guarantee that any personal information supplied by you will not be intercepted, misappropriated, deleted, destroyed, or used by others.
LIMITATION OF LIABILITY
You agree not to hold MetroButler, its affiliates, agents, employees, officers, directors, or corporate partners liable for any damages, suits, proceedings, claims, and/or controversies, threatened or actual (collectively, “Liabilities”) that have arisen or may arise out of or in connection with any conduct, act, or omission of MetroButler. You further agree not to hold MetroButler responsible for any Liabilities that may arise in connection with any conduct, act, or omission of any User (including, without limitation, stalking, harassment, sexual misconduct, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act or Service provided by MetroButler or its affiliates, and any destruction of your information, whether deliberate or accidental, by MetroButler or its affiliates. You hereby agree that under no circumstances will MetroButler be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of or inability to use MetroButler’s Site or Services, even if advised of the possibility of the same. In the event that any part of this Limitation of Liability subsection is prohibited by applicable law, you hereby agree that any aggregate liability imposed on MetroButler arising in contract, tort, strict liability, or otherwise, out of or in connection with your relationship with MetroButler, shall not exceed the total amount of commissions paid by you to MetroButer during the six (6) months prior to the date of filing of any such claim.
You hereby agree to indemnify, defend, and hold harmless MetroButler, its directors, officers, employees, agents, affiliates, attorneys, contractors, providers, and subsidiaries from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs incurred – whether threatened or actual – in connection with your use or inability to use MetroButler’s content, Site, or Services.
MetroButler reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree, in any event, not to settle any claim or matter arising out of or in connection with your relationship with MetroButler without MetroButler’s prior express written consent.
SUCCESSORS AND ASSIGNS
This Agreement shall benefit MetroButler, its successors and assigns. This Agreement shall not be assignable by any User without the prior express written consent of MetroButler but may be freely transferred, assigned, or delegated by MetroButler.
If you are a Guest, you agree that the Host and the applicable Third Party Platform may require you to accept or otherwise agree to terms of service, house rules appearing on a Listing, and other agreements in connection with your reservation for a Host’s Property. In addition to those agreements, you, as a Guest, hereby agree to comply with the Guest Rules (“Guest Rules”) below.
If there is conflict or discrepancy between any agreement with the Host or a Third Party Platform and these Guest Rules, these Guest Rules will supersede to the extent of such conflict or discrepancy, except where these rules directly conflict with house rules posted on the Listing or Third Party Platform-generated itinerary for Property you have booked, in which case, the house rules posted on the Listing or itinerary shall supersede to the extent of such conflict or discrepancy.
You agree that you will comply with all applicable laws and regulations and that you will not breach any agreements you have entered into with any third parties, including Hosts and Third Party Platforms.
The following are the Guest Rules referenced in the preceding three paragraphs apply to each Guest. For the purposes of this Guest Rules section, “You” or “you” shall mean you if you are, have been, or will be, a Guest at a Host’s Property as contemplated under this Agreement, or have made a reservation at a Host’s Property:
1. You and the Host have entered into an agreement under which the Host has issued you a license to occupy the Host’s Property during the agreed period (“Booking Period”) set out in the itinerary or booking summary from whichever Platform you have booked through. YOU HAVE NOT ENTERED INTO A LEASE. THE LICENSE DOES NOT CONVEY ANY PROPERTY RIGHTS OR INTEREST IN REAL ESTATE, AND YOU ARE NOT, AND AGREE NOT TO BE, A TENANT OF THE HOST’S PROPERTY. YOU HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF THE PROPERTY. This means that you have no right to stay at the Host’s Property or to otherwise use or occupy all or any part of such Property after the term set forth in your booking summary or itinerary and have no rights to renewal or recurring usage.
2. MetroButler is not an agent for you or the Host except to any extent explicitly set forth in this Agreement.
3. You agree not to make any changes to the Property.
4. You agree not to move or remove any furnishings, fixtues, appurtenances, or items in or from the Property.
5. You agree not to make any changes to the Property.
6. You agree to abide by all house rules and restrictions placed on the Property by the Host, by MetroButler, and by any parties exercising authority over the Property such as a landlord or superintendent (“House Rules”).
7. You agree to abide by all House Rules listing on the Host’s Listing on any Third Party Platform through which you have booked a reservation for the Property.
8. You agree that you are responsible for continually reviewing the House rules on the Listing, and accordingly, you agree that any such rules may be modified at any time, with or without notice, and that by refraining from cancelling or terminating your reservation following such modifications, you agree to such modifications and waive your right to object to any such modifications thereafter.
9. The booking summary or itinerary and House Rules may set forth certain restrictions, including, inter alia, the maximum number of occupants allowed during your use of the Property, any areas of the Property or items in or on the Property that have been designated “no access,” noise restrictions, limitations or restrictions on pets, restrictions on smoking or other activities at, on, or around the Property, and some certain fees for rule violations. You agree to abide strictly by all such House Rules.
10. You agree that your license to occupy the Property will be subject to immediate termination if you or any parties that occupy the Property during the term of your stay violate any terms of this Agreement or any other agreement between you and the Host or you and MetroButler. Additionally, should you attempt to stay beyond the stay as scheduled on the Third Party Platform where you made your reservation, with or without intent to establish tenancy, you hereby agree that you shall be responsible and must pay any and all costs, expenses, and damages – including incidental and consequential damages – to the Host and any third parties affected by your conduct, including, but not limited to landlords, owners, security personnel, police, MetroButler, and others, arising out of and in connection with your attempt to holdover at the Property beyond your agreed upon stay. Nothing in this paragraph 10 is to be construed as limiting Airbnb’s policy, under which any stay beyond the agreed upon checkout time makes the Guest liable for a nightly rate of 2X the average nightly rate for the Guest’s approved stay for each twenty-four hour period or part thereof that the Guest remains in, or exercises control, whether constructive or actual, over the Property after the specified checkout date and time.
11. Unless otherwise specified to you by MetroButler, the cancellation policy of the Third Party Platform where the booking was made will apply, but any additional policies of which you are notified, of which you are aware, or of which you should be aware shall be in full force and effect concurrently with the cancellation policy of the Third Party Platform.
12. The Host is not entitled to cancel a booking once the booking is confirmed except in extenuating circumstances, cases of force majeure, as necessary or appropriate when situations arise that are beyond the reasonable control of the Host, or in emergency situations in which the Property becomes unavailable for all or part of the Booking Period (“Extenuating Circumstances”). In such Extenuating Circumstances, you agree to fully indemnify and hold harmless MetroButler and Host from all liability arising out of or in connection with any cancellation effected by Host or by MetroButler on Host’s behalf.
13. You agree to pay all fees for the Property, as specified in the itinerary, as well as any additional fees thereafter imposed through the Third Party Platform, such as holdover fees, without deduction or offset. You also agree to pay the cost of any damage to the Property and its contents, and to pay any fees, costs, and expenses incurred by the Host or MetroButler as a result of your failure to vacate the Property on a timely basis at the end of your Booking Period, including, without limitation, losses of expected revenue from a subsequent booking for the Property for any period following your Booking Period.
14. You agree to immediately notify MetroButler of any damage, destruction, theft of, or harm caused to anything at, or any part of, the Property during your Booking Period and to promptly pay all associated costs, including time and labor costs, to remedy any issue that may arise during your Booking Period, or as a result of your stay, acts, or omissions at the Property, including the acts or omissions of any other person or animal that has caused any issue, which might detrimentally affect the Host or Property, during your Booking Period.
15. You agree that, regardless of reason, if you fail to check-in to a Property on the date and time of commencement of your booking, then you will be responsible for payment for the entire reservation.
16. You agree that the check-in and checkout times at the Property are as stated in the itinerary generated by the Third Party Platform through which you booked. If you stay more than two (2) hours beyond the scheduled checkout time, then Host reserves the right to enter, or cause MetroButler or any other authorized agent to enter, the Property to remove your belongings, change the locks to the Property and to take any further action the Host or MetroButler deems necessary or appropriate. You agree to pay all costs, within forty-eight hours from the time of your agreed checkout, of any such action. Nothing in this paragraph 16 is to be construed as limiting Airbnb’s policy, under which any stay beyond the agreed upon checkout time makes the Guest liable for a nightly rate of 2X the average nightly rate for the Guest’s approved stay for each twenty-four hour period or part thereof that the Guest remains in, or exercises control, whether constructive or actual, over the Property after the specified checkout date and time.
17. You agree that you are solely and primarily responsible for your own safety and for the safety of anyone that you allow into the Property during your Booking Period. You agree to carefully read any fire or health and safety guidance that is provided to you and to listen to any instructions or explanations that are provided. You are solely responsible for bringing any concerns regarding the Property to MetroButler’s attention and for asking any questions that you may have if you do not understand any of the guidance or instructions provided. If you need a translator to understand any instructions provided to you, you are solely responsible for securing that translator.
18. If you become aware of anything during your stay that you believe is a health or safety risk, you agree to inform MetroButler immediately.
19. You agree that any MetroButler representative, affiliate, or contractor or the Host, may enter the Property at any time during your stay to address any issues or problems.
20. Unless you are otherwise granted prior explicit written permission by the Host, you may not allow any person other than those identified in the Booking Summary to occupy or enter the Property at any time.
21. This Agreement is personal to you and may not be transferred or assigned. No person other than the person who made the booking and any additional parties identified thereon will be allowed to access or occupy the Property. In the event that MetroButler or Host discovers that anyone not identified on the itinerary generated by the applicable Third Party Platform has been present at the Property during your Booking Period, you will be charged an additional fee equivalent to 100% of your effective daily rate for the Accommodation for each twenty-four hour period, or part thereof, than an additional guest is present. This fee shall apply on a per guest basis (e.g. one additional guest increases your cost by 100%, two additional guests increase your cost by 200%, etc., and such costs are in addition to the regular nightly rate). Notwithstanding the foregoing, additional non-approved guests are an explicit violation of this Agreement, and you agree that should MetroButler or Host discover the presence of any non-approved guests, Host or MetroButler may immediately eject you from the Property, cancel your reservation, retain all payments from you without refund, and may charge you additional fees as set forth in this paragraph 21, as well as paragraphs 10 and 16 above.
22. In addition to complying with this Agreement, the House Rules, and all reasonable directions, you also agree that you will:
a. Keep the Property clean, tidy, and clear of trash and leave the Property in the same condition as you found it, or better;
b. not invade the privacy of the Host or publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host or any personal information regarding the Host or the Property, even if such information is already publicly available;
c. not use the Property for any purpose other than for your own personal accommodation;
d. not make any alteration or addition whatsoever to the Property or its contents;
e. not conduct any business or commercial activity whatsoever from the Property unless explicitly approved in writing by the Host prior to your Booking Period;
f. not conduct any illegal activity from, at, or in the Property;
g. not do or permit to be done on the Property anything that is or that may be or become a nuisance, damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighboring property, whether actionable or not, including, inter alia, playing loud music or musical instruments, dancing, entertaining at the Property, smoking, using drugs, or moving furniture;
h. not leave any obstruction outside of the Property;
i. if the Accommodation is part of a building or complex with common areas, not obstruct or leave any objects or waste in any common area;
j. not do anything that will or might constitute a breach of any consents in relation to the Property or that will or might be in breach, in whole or in part, of any insurance in effect with respect to the Property, from time to time;
k. not keep or take any pets or animals into the Property, unless explicitly pre-approved in writing by the Host or by MetroButler prior to commencement of the Booking Period;
l. not access or attempt to access any cupboard, drawer, or other storage area that has been sealed, that a reasonable person would identify as private or not for Guest use or access, that has been identified as not for your use, is locked or secured, or that you have been instructed not to access. You may be subject to charges at MetroButler’s or the Host’s discretion for any breach of access. Additionally, you agree not to use any consumable products at the Property unless explicitly permitted to do so, and if you do use any such consumables, you further agree that you will be subject to replacement, consequential, and incidental charges arising therefrom at MetroButler’s or the Host’s sole discretion.
23. You agree to fully indemnify and hold harmless the Host and MetroButler in respect of any and all costs, claims, damages, liabilities, and expenses, whether threatened or actual, including, without limitation, reasonable attorneys’ fees, and costs suffered or incurred by the Host or any of the foregoing parties arising out of or relating to any breach by you of this Agreement, material or immaterial, including this paragraph.
24. You agree to immediately notify MetroButler of any damage to the Property, its contents, fixtures, fittings, or appurtenances, that occurs during your Booking Period, even if you regard the damage as minimal or normal wear and tear or if you do not believe the damage is your fault.
25. You agree that Host and MetroButler each reserve the right to take any action either Host or MetroButler deems appropriate to remedy any harm that MetroButler or Host have deemed to have arisen during your Reservation Period, including latent harms that do not manifest until after your departure, and you agree to pay, promptly, and in any case, no later than seven (7) days from transmission of any invoice from Host, MetroButler, their affiliates or agents, for any such harms that MetroButler or Host have deemed to have occured during your Reservation Period at the Property, as invoiced by any of the foregoing parties in this paragraph 25.
26. You agree that neither MetroButler nor the Host will not have any liability to you for any business, financial, or economic loss, or for any consequential, incidental, special, or indirect losses, including lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity, arising out of or in connection with this Agreement or out of or in connection with your booking of, or stay at, the Host’s Property. You agree that this limitation of liability applies whether such loss arises as a result of negligence, breach of contract, tort or otherwise.
27. You agree that subject to any exceptions explicitly set forth in applicable law, the Host’s maximum liability for all losses – including, inter alia, property damage, personal injury, and death, and whether such claim arises out of breach of contract, tort, negligence or otherwise – will be limited to, as a maximum, the lesser of your reservation price for the Booking Period or $200 per night for the number of nights of your Booking Period, but that no liability shall inhere where insurance, such as Airbnb’s protection insurance, is available. You further agree that under no circumstances shall MetroButler ever be liable to you in any respect for property damage, personal injury, and death, whether any such claim arises out of breach of contract, tort, negligence or otherwise.
28. You agree that neither the Host nor MetroButler is responsible under any circumstances for any accident, injury, or illness that occurs at the Property.
29. You agree that or for any loss of personal belongings or valuables of the Guest. You are responsible for obtaining any vacation, travel, or rental insurance that you believe is appropriate with respect to your stay at the Accommodation. Additionally, some Third Party Platforms carry insurance on behalf of Guests, and you may claim directly on those where appropriate.
30. Nothing in these Guest Rules limits or excludes the liability of the Host for death or personal injury arising as a result of Host’s willful misconduct or the willful misconduct of MetroButler.
31. You agree to indemnify and hold Host and MetroButler harmless from any and all liability, claims, loss, property damage, or expenses arising by reason of any injury, death, or damages sustained by any person, or to the property of any person, including you or the Host or any visitors or invitees whom you permit to enter the Accommodation or the premises of which the Accommodation is a part, where such injury death or damage is caused by your own act or omission, or by the acts or omissions of any such visitors or invitees.
32. If Host or MetroButler is required to engage an attorney(s) to enforce any of the conditions of this Agreement, to collect any amounts due, or to remove you or your belongings from the Property, you shall be responsible for all reasonable attorneys’ fees and costs incurred in connection with the foregoing.
33. You agree that you have the power and full legal capacity to enter into this agreement.
34. You agree that you will not be entitled to withhold by way of setoff, deduction, payment cancellation, or counterclaim, any amounts that you owe to the Host or to MetroButler, against any amounts that that may be owed to you.
35. You agree that the Host is entitled to assign, delegate, or sub-contract its obligations under this Agreement, but that you, as a Guest, cannot assign, delegate, or sub-contract your obligations without the prior, express, written consent of the Host or MetroButler.
36. The Host will not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations, if the delay or failure was due to any cause beyond the Host’s reasonable control such as, inter alia, severe weather, prior Guest holdover, legal conflict, tenancy dispute with a landlord, utility (e.g. power, water, etc.) deficiency, family emergency, illness, death, injury, or illness of a loved one, burglary, natural disaster, strike, governmental action, act of god, terrorism, war and civil unrest or any similar occurrence, any of which shall be considered force majeure.
37. You, as a Guest, agree that these terms are fair and reasonable in all the circumstances, and that . However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these Guest Rules are held not to be valid the remaining provisions shall remain in full force and effect and are to be construed most consistently with the language of these Guest Rules had the original language not been removed.
38. You agree that if you breach these terms, and the Host or MetroButler decides to take no action or fails to take action in a timely manner, the foregoing shall not be deemed a waiver by the Host or MetroButler of any of their respective rights hereunder, and the Host and MetroButler will still be entitled to take action and enforce their respective rights for any other breach.
39. MetroButler is a third party beneficiary of this Agreement and may rely upon this Agreement and enforce this Agreement to the extent necessary to enforce its rights and perform its obligations under these terms.
40. You, as Guest, agree that your acceptance of, and agreement to, these terms and this entire Agreement is for good and valid consideration, including the making available of any Services from MetroButler, such as check-in coordination, key handoff, the provision of sheets, towels, or toiletries, or any other Service provided by MetroButler, whether or not any such Service is ever actually accepted by you, as a Guest.
In addition to the costs, fees, and commissions discussed in this Agreement, you hereby agree that MetroButler may deduct its applicable commission from any reservation made through any User or Listing for which MetroButler has advised. Additionally, you agree that MetroButler may collect additional fees on a cost-plus basis for any ancillary services that MetroButler may provide from time to time. MetroButler may modify its commission structure or fees at any time in accordance with this Agreement. By refraining from terminating your relationship with MetroButler pursuant to this Agreement once MetroButler’s commission or fee structure have been modified, you to be bound by the new commission or fee structure.
- Minimum Reservation Fee. Notwithstanding MetroButler’s commission structure, MetroButler reserves the right to charge a minimum commission of $39.00 per night per reservation.
- Additional Pet Fee. If the Host permits any Guest to bring pet(s) to the Accommodation, Host agrees that MetroButler may deduct an additional pet fee of no less than to $30.00 from the Host’s payout for each pet.
- Payment of Fees. Host hereby agrees to provide and maintain current credit card and bank account information with MetroButler. Host hereby authorizes MetroButler to charge Host's credit card or bank account for any amounts owed by Host to MetroButler under this Agreement, and in such a case, Host further authorizes MetroButler to charge an additional 3.5% processing fee for any credit card transaction, or a fee of thirty dollars for any wire transfer.
- Cleaning Fees. You agree that MetroButler is entitled to the entire cleaning fee paid by each Guest. If that fee is insufficient to cover actual cleaning costs, Host agrees to pay the difference, which MetroButler may withhold as a setoff from any revenue to be paid out to Host, at MetroButler’s sole discretion.
- Minimum Deposit. You agree that MetroButler may request a copy of your government issued identification and all contact information, both of which you agree to provide to MetroButler promptly upon request.
- Host Termination of Services Fee. Host agrees to pay any fees for Host Services provided by MetroButler, plus a cancellation fee of $250.00, if Host terminates this Agreement for any reason prior to renting Host’s Accommodation in a manner that generates at least $250.00 in rental commission for Metrobutler, or if Host engages in any conduct, by act or omission, that MetroButler deems, in good faith, to be detrimental to MetroButler’s business or reputation such that MetroButler determines, in its sole and absolute discretion, that termination of this Agreement with Host is necessary or appropriate.
- Guest Cancellation Fees. If Host cancels any reservation or requests that MetroButler cancel any reservation on Host’s behalf, Host agrees to promptly remit a cancellation fee to MetroButler of $100.00 for each cancellation, in addition to any fees that may be charged to Host by any Third Party Platform due to Host’s cancellation.
- Disclosure of Other Fees. MetroButler may, from time to time, in its sole discretion, provide or arrange services for Guests, including but not limited to equipment rental (cribs, linens, etc.), trip insurance, tenant damage insurance, telephone service, special event bookings, and other special services requested by Guests. Host acknowledges and agrees that MetroButler may receive additional fees from Guests or third party vendors for arranging such services, and that any such fees shall belong exclusively to MetroButler. MetroButler may also charge and retain reasonable administrative fees to Guests, and MetroButler personnel may accept tips from Guests, all of which shall belong exclusively to MetroButler.
ASSUMPTION OF RISK
I understand that engaging as a User of MetroButler’s Services and renting (as either Host or Guest) an Accommodation, by its very nature, includes certain inherent risks, some of which may include financial losses, risk of eviction, tax penalties, fines, theft, damage or destruction of property, and other harms. Specific risks vary, but can range from minor harms to catastrophic disasters, including including death. I understand and appreciate the risks that are inherent in, and incident to, being a Host or Guest. I hereby assert that my engagement as a Host or Guest is voluntary, and that I knowingly assume all risks of engaging as a Host or Guest. I agree that I am ultimately responsible for my own safety, personally, financially, and otherwise.
MetroButler may provide Services to Guests that have responded to a Host's Listing on a Third Party Platform. MetroButler or its vendors or affiliates may assist any Guest or potential Guest with questions regarding a listing or booking for a Property, may communicate with any Guest regarding arrival and departure, and may provide certain 24-hour Host and Guest support at MetroButler’s discretion. MetroButler may also offer and arrange value-added services for Guests, such as concierge services, from MetroButler or third-party providers. In addition to the terms of this Agreement, including all of the foregoing and subsequent sections, each Guest is subject to this section entitled, Guest Responsibilities, which is incorporated into this Agreement. For the purposes of this Guest Responsibilities section, “You” or “you” shall refer to any Guest bound by this Agreement.
You are responsible for the entire Property during your Reservation Period. Any harms that arise out of or in connection with your reservation at the Property, including, inter alia, latent harms that do not manifest, in full or in part, until after your departure, and harms that arise by the acts or omissions of any third party during your Reservation Period or arising out of or in connection with your booking, are your sole responsibility, and you are completely and absolutely liable for any costs, including consequential and incidental costs, arising therefrom.
MetroButler provides services to Hosts and Guests to facilitate a booking transaction between Host and Guest. Unless explicitly stated otherwise herein, MetroButler's responsibilities are limited to (1) assisting each Host with optimizing its Listing and booking of its Property, and (2) providing basic Guest support services, such as check-in and checkout on any property for which MetroButler is responsible at the time of check-in and checkout.
You agree that (1) MetroButler is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or provider of Properties, transportation, travel services, or other services provided by third parties through the Site or Service; (2) MetroButler is not a party to any agreement between a Third Party Platform and a Host, any agreement between a Third Party Platform and you or any other Guest, or any agreement between a your or any other Guest and any Host; (3) MetroButler does not control the condition, legality, or suitability of any Property; (4) MetroButler is not responsible for compliance with any laws by you, any Host, or any Third Party Platform; (5) MetroButler has no control over the conduct of Hosts, Guests, or other Users of the Services or any Property; and (6) as set forth in the Section entitled Limitations of Liability in this Agreement, MetroButler is not responsible for, and disclaims any and all liability related to, any and all listings and Properties to the maximum extent permitted by law. Bookings are made at the Host's and Guest's own risk. This Agreement and any rules, documents, or agreements referenced herein that are under MetroButler’s control, whether exclusive or not, may be updated from time to time at MetroButler’s discretion, and any changes to this Agreement or any such rules, documents, or agreements will be effective upon posting on the Site, a Host’s Listing, or on any Third Party Platform.
You agree you are solely responsible for safeguarding the security of any key you have been provided with for your Reservation Period. In the event that you lose any such key, or should any such key be copied as a result of your acts or omissions while the key is in, or should be in, your care, or during your Reservation Period, you agree that you are solely responsible for the cost to replace that key, and if MetroButler or the Host determines that any lock must be changed as well, you agree that you are solely responsible for all costs associated with replacing that lock, the creation of new keys, without limitation, for that lock, plus any fees MetroButler may charge to facilitate the replacement or production of any lock or key.
In the event that you, or any member of your party or guest thereof, are locked out of a Property, you agree to immediately notify MetroButler and schedule a time that is convenient for both you and MetroButler for a MetroButler representative to let you into the Property. If requested, MetroButler can provide a replacement key if necessary, in which case, the terms of the preceding paragraph shall apply.
Any fee incident to facilitating reentry and/or the production of a replacement key, including time, labor, and the key itself, may be charged at the time of entry or through any available Third Party Platform resolutions center.
If you contact a repairperson, locksmith, HVAC maintenance person, or any other professional, you are solely responsible for any fees charged by that professional. Additionally, any Harm caused to the Property, building, locks, items, or appurtenances by your acts or omissions, or as a result of your use of a third party will be solely your responsibility, and you agree to pay all costs and fees arising out of and in connection with the use of any such third party, including, but not limited to, additional work required by Host or MetroButler to remedy poor workmanship, replacement fixtures, replacement locks, items, or appurtenances to restore the Property and its contents to the state it was in prior to the Host's departure before your stay, as well as MetroButler's costs and fees for facilitating such repairs, replacements, or other work.
You agree to vacate the Property prior to the checkout time specified on the listing and to make best efforts to communicate your exact checkout time to MetroButler at least forty-eight (48) hours prior to your checkout. If you checkout later than the time agreed with the Host or with MetroButler, or later than the listed checkout time on your Third Party Platform-generated itinerary (which, if no time is specified, is 12:00PM on the day of checkout by default), you agree to pay a late checkout fee of two times the average cost of a one-night stay, based on the average nightly rate of your stay before any deductions, for each additional twenty-four hour period or part thereof that you retain access to the Property past the scheduled checkout time. Should your late checkout interfere with a cleaning, Host arrival, incoming Guest arrival, or any other entrant to the Property, you agree to bear all costs, without limitation, arising out of and in connection with your late checkout, including the entire cost of a Host's accommodations elsewhere, which shall be comparable to, or better than, the Host’s Property, as determined in good faith by the Host or by MetroButler, until you vacate the Property. If your late checkout or holdover prevents any other Guest from checking in, you hereby agree to pay, in addition to any costs or fees set forth above, a fee equivalent to the entire booking price, plus all associated fees, for that Guest's entire booked stay at the Property, whether or not that reservation is ultimately cancelled or altered.
You agree that you are solely responsible for any lost, missing, damaged, or destroyed items, fixtures, appurtenances, or parts of the Property, building, or surrounding area (collectively, "Harms") during your Reservation Period and any holdover thereafter as identified by MetroButler or Host within ninety (90) days after your checkout or vacancy and relinquishment of all control, whether constructive or actual, over the Property, whichever is later. You hereby agree to grant MetroButler and Host full discretion in making a determination as to what, if any, Harms are attributable to you and to bill you accordingly. You further agree to pay any such claim within three (3) business days of notice - whether written, oral, or electronic - from MetroButler or Host. Notice is deemed to have been given and received at the time it is sent or otherwise transmitted to you directly or at any contact information available on any itinerary generated, for your Reservation Period, through a Third Party Platform. Additionally, you hereby grant MetroButler and Host the unrestricted right to deduct, or to cause to be deducted, from your security deposit for your stay, any such costs or fees and to charge you any additional fees as necessary or appropriate, as determined by MetroButler or Host in its sole discretion.
If you will be early or late for check-in, you hereby agree to notify MetroButler or Host at least two (2) hours prior to the early or late check-in to coordinate a rescheduled check-in time. You agree that if you arrive to the Property early, unless MetroButler gives you explicit, prior, written instructions indicating otherwise, you will not attempt to enter the Property or building until a MetroButler representative arrives to check you in, and if you do, you agree to forfeit your entire reservation, which shall be treated as a cancelled reservation by you. For a cancelled reservation after the scheduled check-in time, you will not be entitled to any refund. If you are more than sixty (60) minutes late to your scheduled check-in without providing any prior notice, then you hereby agree to pay a late check-in fee of $100.00 USD directly to MetroButler within three (3) business days. Should you fail to schedule a specific check-in time with MetroButler forty-eight hours in advance of the day of your arrival, check-in time will, by default, be 3:00PM on the day of check-in. If you are more than four (4) hours late to check in, you hereby agree to forfeit your entire reservation, which shall be treated as a cancelled reservation, cancelled by you, and you will not be entitled to any refund.
You hereby agree to make best efforts to take care of the Property with the utmost care and consideration. You further agree not to disturb neighbors and not to violate any of the house rules set forth in the Listing or anywhere in this Agreement. In the event that you violate any such rule, you agree that you will forfeit your entire reservation, which shall be treated as a cancelled reservation, cancelled by you, and you will not be entitled to any refund.
You hereby agree that if you are evicted or ejected from the Property by the building’s management, you will not hold Host or MetroButler responsible in any way.
You hereby agree that if any issue arises during your stay that requires attention including, inter alia, plumbing, electrical, damage, or otherwise, you will contact MetroButler immediately, allow MetroButler to address the situation as it deems necessary or appropriate, and will comply fully with any and all instructions provided by MetroButler, including all that MetroButler may require of you to facilitate a solution to any problematic issue.
You agree to be solely responsible for any personal losses or costs that you may incur pursuant to this any issue or Harm that may arise during your Reservation Period or tenure at a Property, regardless of fault. In the event that you fail to contact MetroButler to address any such situation, or should you elect to contact a goods or services provider or building management representative (e.g. doorman, superintendent, porter) without first contacting MetroButler and awaiting direction from MetroButler, you agree to forfeit the entirety of your security deposit, to be solely responsible, without limitation, for any costs or fees arising out of and in connection with your choice to contact a third-party provider, and to immediately turn over any documentation (e.g. invoices, receipts, photographs, business cards, contact information, etc.) to MetroButler that any such service provider provides. You agree that in addition to any other fees or costs that may arise from your acts or omission in addressing any Harm or issue that requires attention, if you fail to comply with this paragraph in any manner, you will forfeit your entire reservation or remainder thereof, which shall be treated as a cancelled reservation by you, and you will not be entitled to any refund.
You agree to pay any fees associated with any payment you make to MetroButler, including, but not limited to, any fees for incoming wire transfers, bounced payment fees, insufficient funds charges, collection fees, exchange fees, exchange rate discrepancies, or processing fees. Such fees may be deducted, at MetroButler’s sole discretion, by MetroButler from any amounts that may be due to you.
You hereby agree to indemnify, defend, and hold harmless MetroButler, its directors, officers, employees, agents, affiliates, attorneys, independent contractors, providers, and subsidiaries from and against any and all claims, losses, expenses or demands of liability, including attorneys fees and costs incurred – whether threatened or actual – in connection with your use of MetroButler’s content or Services, including damages such as inter alia, fire, flood, property damage, property loss, or theft, that may arise out of or in connection with your booking or stay at the Property. You agree that you are solely responsible for attempting to recover from any Third Party Platform, Host, or other party, and that you may not attempt to recover from MetroButler to satisfy any claims against any Host or any Third Party Platform.
You agree to comply with all applicable laws, regulations, and rules to which you and the Property are subject during your stay and to educate yourself accordingly before commencement of your stay.
You agree to ensure that MetroButler, Host, and any service provider or vendor may enter the Property as they deem necessary or appropriate for the purpose of maintenance, repair, documentation, enforcement or this Agreement, or to eject your or any other member of your party from the Property should you violate any provision of any of the aforementioned agreements.
You agree that you will schedule your checkout time with MetroButler such that MetroButler can complete a walkthrough, damage check, and key collection; that MetroButler or Host may bill you or cause you to be billed for any Harms or identified deficiencies; and that you will pay any such bill within forty-eight (48) hours of receipt. Any such bill is deemed to have been received at the time of transmission by MetroButler to you, either directly, or at any contact information you have provided to any Third Party Platform.
You agree that you have not made any misrepresentation to Host or MetroButler about yourself or other members of your party and that the members of your party have not made any misrepresentation to Host or MetroButler.
You agree that you will not, and have not attempt to, book any Property on behalf of any other person or company. If you have booked or do book a Property on behalf of any other person or company, you agree that you are liable to the fullest extent possible under this Agreement for any Harms caused by the acts or omissions of that person or any third party as though you have stepped into the shoes of that person or party.
For the purposes of this section entitled Host Responsibilities, “You” or “you” shall refer to you if you are a Host or prospective Host.
You agree that MetroButler may provide Services directly or through one or more vendors, contractors, affiliates, or Third Party Platforms in its sole discretion.
MetroButler agrees to provide Services in accordance with this Agreement, but MetroButler makes no warranties of any kind, express or implied, with respect to Services to be provided hereunder. This Agreement is subject to the Limitations of Liability section set forth elsewhere in this Agreement.
You acknowledge and agree that you are exclusively liable for any and all content appearing on any Listing of your Property. You acknowledge, agree to, and permit MetroButler to create a profile(s) for you on any Third Party Platform(s), and because that profile is your profile – despite the fact that MetroButler owns the intellectual property in the content it places on that profile and the goodwill generated therefrom – you are solely responsible for any liability that may arise out of, or in connection with, that profile and any of your information provided in connection with the creation or use of that profile. Because MetroButler owns the intellectual property in the content it places on your profile(s) and the goodwill generated therefrom, you hereby acknowledge that you understand, accept, and agree that you may not alter, modify, or otherwise use any of that content without MetroButler’s prior, express, written consent, and that MetroButler may remove any content it provides and may terminate any profile – that you have granted MetroButler access to or that MetroButler has created for your benefit – at any time, without notice, for any reason, or for no reason.
MetroButler assumes no responsibility for a Host's compliance with any agreements with, or duties to, third parties, applicable laws, rules and regulations. Some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single-family residences, condominiums, and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws, and other agreements that apply to single family residences in some neighborhoods, condominiums, and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with your attorney prior to listing a Property on a Third Party Platform or using the Services.
In connection with the Services, you agree that you will do the following:
1. Compliance with Law. You are solely responsible for compliance with all applicable laws and regulations, including, inter alia, business licensing regulations, multiple dwelling laws, zoning codes, rent control and rent stabilization rules, tax codes, and any other rules such as condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if necessary to determine your obligations. You agree to fully indemnify MetroButler from all harms that may arise due to your failure to comply with any law, rule, or regulation.
2. Compliance with Agreements. You agree that you will not breach any agreement you have entered into with any third parties, such as Third Party Platforms, homeowners association, and condominium, lease, or rental agreements.
3. Third Party Platform. You agree that MetroButler is entitled to use on your behalf, at least one Third Party Platform for listings your Property and will grant MetroButler unrestricted control over your profile(s) and access to all content on any such Third Party Platform. You agree that any MetroButler representative may represent that they are you or are authorized to act on your behalf and to do anything, by act or omission, that MetroButler or any of its representatives, deems necessary or appropriate to provide Services.
4. No Cancellation or Changes. When you notify MetroButler of the availability of your listing, MetroButler will make efforts to secure a Guest for all or part of that time period (“Availability Period”). Any notifications of availability are presumed to be for available nights (for example, if you notify MetroButler that your home is available from 10/4 – 10/12, those dates would be inclusive of the night of 10/12, such that a Guest could book with a checkout on 10/13). Once a booking is made by a Guest to stay at your Property during an Availability Period, you agree to vacate the Property and to ensure that it is vacant, including vacant of pets, make sure that it is thoroughly cleaned and tidied, that it is prepared pursuant to this Agreement, and that neither you nor any other persons will make any attempts to access, visit, or otherwise enter the Property during a Guest’s stay except as reasonably necessary or appropriate to remedy a Harm or in the event of Extenuating Circumstances. Should you attempt to reenter the Property during a Guest’s stay, MetroButler may refund any amounts to the Guest that MetroButler deems appropriate, all of which will be unrecoverable by, and non-refundable, to you, in any way directly or indirectly. Additionally, you will remain obligated to pay MetroButler its commission as if no refund had been issued, as well as any and all fees incurred in relation to that Guest’s stay (and any future affected Guest’s stays as a result of your conduct).
5. Information in Listings. You agreehe information you provide to us, including information for use in your Listing(s) on any Third Party Platform, will be true and accurate in all respects. You agree that you will do everything MetroButler requested of you to aid MetroButler in effectively maintaining your Listing, including without limitation, updating factual information and providing any required legal disclosures. You agree that MetroButler may exercise control over your Listing to implement any revisions MetroButler deems necessary or appropriate. You agree that under no circumstances will MetroButler have any responsibility for any misstatement, error, or omission in any Listing, whether or not MetroButler suggested or required such information in a Listing, and you further agree that you are solely responsible for any harm arising out of or in connection with any content on your listing, including any content that may infringe upon the rights of others.
6. Eviction. You agree that MetroButler is not responsible for evicting Guests. If any Guest stays beyond the Reservation Period or any other period agreed upon between the Host and the Guest, even if agreed via MetroButler, you agree that you will have the sole responsibility with regards to evicting the Guest and will bear any expenses, losses, or damages associated with evicting that Guest or associated with that Guest’s stay beyond the Reservation Period.
7. Taxes. Host will be solely responsible for preparing and paying Host’s own income taxes. MetroButler is not responsible for advising Host with respect to taxes owed with regards to the Property or with respect to any transactions contemplated by or facilitated by this Agreement.
8. Valuables. You are responsible for notifying MetroButler of any and all valuable items, fixtures, or other things in your Property that may be likely to be damaged, destroyed, stolen, consumed, or otherwise harmed during a Guest’s stay. You are also responsible for ensuring that those items are secured or otherwise inaccessible to Guests while the Accommodation is available to be let, and that MetroButler is in no way responsible for any damage, destruction, theft, or other harm that may come to those items, fixtures, or other things in your Property.
9. Maintenance. You are responsible for maintaining to your Property. MetroButler will have no obligation to notify you of, or to provide any, maintenance. You agree that MetroButler may, however, complete, or cause to be completed, any maintenance that MetroButler deems appropriate or necessary for the rental of your Property without providing you with any advanced notice of the same. You agree that you are solely financially responsible for any maintenance, including good, services, parts, supplies, labor, and time, provided by MetroButler or its affiliates on your behalf, and that any such costs or expenses arising therefrom may be deducted from any of your payouts or billed directly to you, and that in the event that you are billed directly, you agree to pay any such bill promptly. You further agree to fully indemnify and hold harmless MetroButler for any harms or deficiencies caused in the provision of maintenance, supplies, or otherwise, as contemplated in this paragraph and throughout this Agreement. If MetroButler believes that routine or emergency maintenance is required to protect or preserve the Property from damage or to maintain services to a Guest, MetroButler may, as soon as is practicable, arrange for such maintenance to be performed by any third party of its choosing. You agree to promptly reimburse any costs incurred by MetroButler in connection with providing emergency or preventative maintenance. MetroButler may attempt to communicate with you regarding emergency or preventative maintenance, but in no case will you be relieved of liabilities incurred pursuant to the performance of emergency maintenance by us.
10. Safety of the Premises. You are responsible for ensuring that your Property is in compliance with all applicable rules, laws, regulations, and safety measures necessary in your jurisdiction. Additionally, you are responsible for ensuring that smoke and carbon monoxide detectors are correctly positioned, active, functioning properly, and you are responsible for implementing safety measures that would be reasonably expected in a home where any Guests, including children, might be staying. This includes adequate preventative safety measures including, inter alia, air conditioner brackets, window bars (where applicable), and water temperature regulators, among other measures; adequate warnings and indicators on otherwise unresolved potentially dangerous conditions including, inter alia, areas that are potentially hazardous, dangerously hot to the touch, sharp objects, unsecured furniture, among other conditions; and any reasonable precautionary measures necessary to keep Guests, MetroButler, and other entrants to the Property reasonably safe.
11. Provision of Supplies: When you rent out your home, Guests may expect certain basic supplies, including, inter alia, toilet paper, paper towels, trash bags, blankets, pillows, comforters, or coffee filters, as well as amenities you have promised such as, inter alia, an air conditioner, functioning cable or satellite television system, or functioning wireless internet router (“Supplies”). You agree that if MetroButler determines that any supply is necessary or appropriate for your Property and should be provided to any Guest(s), MetroButler may purchase and provide any such supply for any Guest at its sole and absolute discretion and may deduct MetroButler’s cost, on a cost-plus basis, for any such supply and its provision, including time, labor, transportation, and installation, from your payout method and bill you for any overages not satisfied by your payout method. You agree that MetroButler is under no obligation to provide you with the best price available for any supply, and that MetroButler may secure supplies and effect their provision as MetroButler deems necessary or appropriate, despite cost.
12. Account Security. You agree that you are the sole authorized user of your MetroButler account. You are responsible for maintaining the confidentiality of your password and account information, and for any information you provide to MetroButler. You are solely and fully responsible for all activities that occur under your password or account. MetroButler expressly disclaims any liability derived from the use of any User’s account. Should you suspect that any unauthorized party may be using your password or account or suspect any other breach of security, you hereby agree to notify MetroButler immediately. Additionally, you hereby grant MetroButler the right to create an account and password(s) on your behalf for any website, email provider, or Third-Party Platform that MetroButler deems appropriate, and you further agree that you will not change or attempt to change that password without MetroButler’s prior, express, written consent. You further grant MetroButler all control over any account for any such website, email provider, or Third-Party Platform account created on your behalf by MetroButler, or updated on your behalf by MetroButler. These rights shall survive the termination of this Agreement. We adhere to strict standards to protect personal information you have provided, yet no method of electronic storage can ever be 100% secure. Therefore, we are not in a position to guarantee the absolute security of your information.
13. Authorization and Capacity. You agree that you have full authority and legal capacity to enter into this Agreement, without restriction, and to use MetroButler’s Services without restriction.
14. No Violation of Rule or Law. To the best of the your knowledge the Accommodation, its construction and operation do not violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like, including, inter alia, those relating to hazardous or toxic substances.
15. Toxic Substances. To the best of your knowledge, your Property, and any building in which it may be, does not contain any toxic substances such as, inter alia, lead based paint, asbestos, urea, formaldehyde, radon, or other hazardous substances and that no unsafe condition exists except as disclosed in writing at the time of this Agreement.
16. Disclosures. You agree that you have disclosed the existence of any default of foreclosure notices affecting the Property as of the date of this agreement and further agrees to disclose any such notices received hereafter, within five (5) days of the receipt of any such notices.
TERM AND TERMINATION
This Agreement is effective and inding upon you from the first date you use the Site or Services, the first time you view or otherwise access this Agreement, or upon your execution of any agreement that incorporates this Agreement by reference, whichever occurs first.
MetroButler may terminate or revise these terms at any time with or without notice. The provisions and all obligations of, and any restrictions on, you and any User with respect to the Site or Services shall survive any termination of this Agreement. You agree that MetroButler, in its sole and absolute discretion, may terminate your account, or any part thereof, or your ability to use the Site or any of MetroButler’s Services, for any reason or for no reason, at any time, with or without notice. You agree that you have no property right in any account you create with MetroButler. MetroButler may, also, in its sole and absolute discretion, and at any time, discontinue providing any Service, or any part thereof, with or without notice, for any reason or for no reason. You agree that any termination of your access to the Site or Services under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that MetroButler may immediately deactivate or delete your account and all related information and files in your account, including, without limitation, any accounts created on your behalf on any Third-Party Platform, and may prohibit any further access to any files, content, or the Services by you. We do not guarantee that any information posted by you will be deleted from the Site or MetroButler’s servers. Further, you agree that MetroButler shall not be liable to you or any third party for any termination of your access to the Services or to any Third-Party Platform. Please note that all content created on your behalf on or by using any Third-Party Platform belongs to MetroButler, and you agree not to copy, duplicate, distribute, replicate, create derivative works from, or otherwise use any of that content without the express written permission of MetroButler. Your agreement to this paragraph survives termination of this Agreement.
HOST BILLING, COMMISSION, AND PAYMENT POLICY
You agree that if you are a MetroButler Host, you are obligated to pay for all goods and Services provided to you, or for your benefit, by MetroButer. You are also obligated to pay for any services provided by third-parties that MetroButler contracts for on your behalf unless you are explicitly notified otherwise by MetroButler in writing. Some costs may be refundable or reimbursable to you at MetroButler’s sole discretion. For all purchases, payments, and reimbursement costs, fees, or expenses associated with any Service provided by MetroButler, MetroButler may deduct those costs from current or future revenue held by MetroButler in connection with the letting of your Property(s) to a Guest(s) on top of any other commission(s) or fee(s) due or to come due. In the event that your rental revenue held by MetroButler is not sufficient to satisfy your obligation(s) to MetroButler, you hereby agree to pay MetroButler within five (5) business days of receipt of notice of your financial obligation(s) to MetroButler. Receipt is understood to be at the time of transmission of any such notice by MetroButler to the contact information MetroButler has for you on file. In the alternative, you hereby authorize MetroButler to charge your credit card for such amounts and obligations and will pay an additional 3.5% processing fee for any transaction completed by credit card. MetroButler has sole discretion over which payment method will be used.
MetroButler retains the right, in its sole discretion, to place a hold on any payment for a completed service transaction. No refunds or credits will be provided once a Guest or Host’s credit card has been charged, as the case may be. At MetroButler’s sole discretion, refunds or credits may be granted in outstanding circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by MetroButler. While MetroButler will use reasonable efforts to ensure the security of all credit card and other personal information, MetroButler expressly disclaims any liability for any damage that may result should any information be released to any third parties, and you agree to indemnify and hold harmless MetroButler for any damages that may result therefrom.
MetroButler uses third party services to process credit card information. For further information regarding those services, please contact MetroButler to request information about MetroButler's credit card processing providers. You will be liable for all transaction taxes and fees on any service provided under this Agreement.
When MetroButler confirms or otherwise facilitates a booking for an Availability Period of four consecutive nights or fewer, you agree that MetroButler is entitled a commission of thirty-three percent of the total gross rental fee to be paid by the Guest for the Guest’s stay at your Property, whether the Guest actually stays or not, before any deductions, refunds, expenses, or other costs or fees. The total gross rental fee is calculated as the product of the average nightly rate for the rental during the Reservation Period multiplied by the number of nights of the reservation during the Reservation Period.
You agree that MetroButler is also entitled to thirty-three percent of any additional amounts paid by any Guest arising out of or in connection with any such Guest’s stay at your Property, and MetroButler is entitled to the entire cleaning fee in connection with any booking at your Property.
When MetroButler confirms or otherwise facilitates a booking for an Availability Period of five consecutive nights or more, you agree that MetroButler is entitled a commission of twenty-five percent of the total gross rental fee to be paid by the Guest for the Guest’s stay at your Property, whether the Guest actually stays or not, before any deductions, refunds, expenses, or other costs or fees. The total gross rental fee is calculated as the product of the average nightly rate for the rental during the Reservation Period multiplied by the number of nights of the reservation during the Reservation Period.
You agree that MetroButler is also entitled to twenty-five percent of any additional amounts paid by any Guest arising out of or in connection with any such Guest’s stay at your Property, and MetroButler is entitled to the entire cleaning fee in connection with any booking at your Property.
You agree that service fees, payment processing fees, or listing site fees (e.g. Airbnb Service fees) are to be deducted from the total revenue before any payout is issued to you, as a Host, but after MetroButler calculates and deducts its commission.
Any fees not contemplated by this Agreement as being a part of the commission model including, inter alia, supply restocking (e.g. toilet paper, paper towels, coffee, physical goods, etc.), storage solutions, packing, special requests, transportation arrangements, and others, are charged to you, as Host, at MetroButler’s sole discretion on a cost-plus basis.
NO AUDIT RIGHTS
You agree that under no circumstances shall you, as either a Host, Guest, or otherwise, have any right to audit, view, or otherwise request any accounting, expense, or financial information from MetroButler, including, inter alia, information pertaining to the rental of a Property, fee or expense information, or otherwise, and that the provision of any such information to you by MetroButler shall be at MetroButler’s sole and exclusive discretion. MetroButler may, at its election, provide you with an accounting statement or receipt for tax purposes, but you agree that MetroButler is under no obligation to provide you with an itemized accounting or any line-by-line information at any time.
You are responsible for all tax related issues arising out of and in connection with the rental of your Property in accordance with federal, state, local tax laws and codes. MetroButler does not provide tax or legal consulting services. When deciding to list your home on any one of a number of paid and free-to-list websites, it is vital for you to know and understand the tax laws in your jurisdiction. Any action taken against you surrounding the non-payment or failure to pay applicable taxes including but not limited to short-term occupancy, transient occupancy, sales, hotel or similarly situated taxes by any local, city, state or federal agency, private or public, shall be exclusive of MetroButler, and you agree not seek recovery, indemnification, restitution, or any other legal remedy regarding your tax liability against MetroButler.
ADVERTISING AND COMMERCIAL USE
Users of the Site are not entitled to directly advertise to or solicit the custom of other users without MetroButler’s prior, express, written consent. You are not entitled to resell or commercially exploit the Site's contents other than content you have posted and retain all rights in. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use. In the event that you are found by us to have been sending unsolicited e-mail to our users, having taken their address from our Site, then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have.
MetroButler will use reasonable efforts to make its Site and Servises available at all times that are reasonably practical. You acknowledge, however, that some of MetroButler’s content and services are provided over the internet and mobile networks, so the quality and availability thereof may be affected by factors outside of MetroButler's reasonable control. MetroButler does not accept any responsibility whatsoever for unavailability of content or Services, or any difficulty or inability to download or access content or any other communication system failure which may result in content or Services being unavailable. From time to time, we may need to suspend access to the Site for a period of time, and any such interruptions shall not constitute a breach by us of this Agreement. We may make changes to the format of the Site, Services provided, or to the Site's content at any time without notice.
Use of the Site requires internet access through your computer or mobile device. You are responsible for all carrier charges resulting from your use of the Site, including from any notifications provided by MetroButler. MetroButler does not guarantee that the Site will be compatible with all devices or will be supported by all carriers.
MetroButler may, from time to time, provide certain promotional opportunities to MetroButler Hosts and Guests. All promotions will be run at the sole discretion of MetroButler, and can be activated, modified, or removed at any time by MetroButler without notice.
NO AGENCY RELATIONSHIP
No independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.
These Terms shall be governed by and construed in accordance with the laws of the State of New York and consistent with the American Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
Your use of the Services may also be subject to other local, state, national and international laws. For example, some jurisdictions have laws that prohibit or restrict short-term rental of residential dwellings, including single family residences, condominiums and apartments. In certain jurisdictions, Hosts may have to meet certain qualifications, register or obtain a permit or license before listing or renting a residential dwelling. Hosts may also be subject to CC&Rs, bylaws and other agreements that apply to single-family residences in some neighborhoods, condominiums, and apartment buildings. You may be liable for civil and criminal penalties for the violations of these laws and regulations. You are encouraged to review local, state and federal laws and regulations applicable to you and consult with an attorney prior to listing an Accommodation on a Third Party Platform or using the Services.
To expedite resolution and reduce the cost of any controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (“Dispute”), you agree to first attempt to negotiate the resolution of any Dispute with MetroButler informally for at least thirty (30) days before initiating any arbitration or court proceeding. You further agree that after attempting to negotiate, if negotiations are unsuccessful, you will thereafter attempt to resolve any outstanding issues by mediation. Both negotiation and mediation will commence following receipt of written notice, after which point both parties shall make reasonable efforts to begin negotiation or mediation, as the case may be. In your notice to begin negotiations, you agree to include your full current contact information, including your full legal name, address (and mailing address if different), email address, and contact phone number(s). Notices may be sent to MetroButler at MetroButler, Inc., 115 E. 23rd Street, 3rd Floor, New York, NY 10010. If you fail to attempt to negotiate and mediate disputes consistent with these terms, you hereby agree to forfeit all costs and attorneys fees associated with any dispute with MetroButler, not to seek those costs and fees from MetroButler, and to pay all costs and attorneys fees incurred by MetroButler.
If you and MetroButler are unable to resolve a Dispute through informal negotiations or mediation, you hereby agree that any and all Disputes between you and MetroButler, its successors, and its assigns shall exclusively be settled through binding and confidential arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and MetroButler are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Any Dispute subject to the arbitration discussed in the preceding shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The number of arbitrators shall be one. The place of arbitration shall be New York, NY. New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration fees shall be borne equally by all parties but may be recoverable by the prevailing party from the non-prevailing party. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and MetroButler may litigate for the purpose of compelling arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and MetroButler agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MetroButler’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. You and MetroButler agree that any arbitration will be limited to the Dispute between MetroButler and you individually, and you agree not to initiate or join any class-action or mass action claim against MetroButler. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Arbitration will take place in New York. You and MetroButler agree that if any portion of this section entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. If the applicability of negotiation, mediation, and arbitration in lieu of litigation for a particular Dispute is found to be illegal or unenforceable, that Dispute will be decided by a court of competent jurisdiction in New York, applying New York law, and you and MetroButler agree to submit to the personal jurisdiction of that court.
Any notices or other communications permitted or required hereunder by MetroButler, including those regarding modification of these Terms, will be in writing and given by MetroButler (1) via email (in each case to the address that you provide) or (2) by posting to the Site. Any notices or other communications permitted or required hereunder by the User will be in writing and given by the User via email to [email protected]. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by posting, the date of receipt will be deemed the date on which such notice is posted.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by MetroButler.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
This Agreement, and the Terms into which this Agreement is incorporated, set forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations, marketing information and understandings. Notwithstanding the foregoing, any agreements made individually with a Host or Guest pertaining to a specific Property or Rental Period – for example, a separate agreement for storage of a Host’s belongings on a fee basis – are independently enforceable, even where subject to this Agreement.